If a tree on my property fell and damaged my neighbors roof am I financially responsible for the damages

Get Legal Help Today

 Secured with SHA-256 Encryption

If a tree on my property fell and damaged my neighbors roof am I financially responsible for the damages

Tree fell during wind storm and damaged
my neighbors roof. Am I financially
responsible

Asked on February 22, 2018 under Real Estate Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the tree was otherwise healthy and fell in a storm, then the damage will be deemed to be an "Act of God". This means that your neighbor is not responsible for any damaged caused. However, you should be covered under your homeowner's policy. That having been said, if the condition of the tree prior to the storm suggested that it was unstable (i.e. was dead or dying) then there was some reason to know that the tree was likely to fall in storm, etc., then you neighbor would be liable. due to their negligence.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the tree was otherwise healthy and fell in a storm, then the damage will be deemed to be an "Act of God". This means that your neighbor is not responsible for any damaged caused. However, you should be covered under your homeowner's policy. That having been said, if the condition of the tree prior to the storm suggested that it was unstable (i.e. was dead or dying) then there was some reason to know that the tree was likely to fall in storm, etc., then you neighbor would be liable. due to their negligence.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption